STATE ZINGS PROSECUTORS' TACTICS IN LIMBAUGH CASE

WEST PALM BEACH - The state Attorney General's Office questioned the
motives of prosecutors who released letters from Rush Limbaugh's
attorney and accused them on Wednesday of hiding facts in the case.

Prosecutors released the letters last week, citing support from the
Attorney General's Office and the Florida Bar. But both groups
contradict those claims.

The letters detail discussions between prosecutors and Limbaugh's
attorney over whether the conservative radio commentator would plead
guilty to doctor shopping for prescription painkillers.

State General Counsel Patricia R. Gleason told prosecutor Ken Selvig
in a letter Wednesday that she is "disappointed" that he seemed to
hide some facts, including that the case involved Limbaugh, when he
consulted her about whether the records should be released.

"It seems to me that the purpose in contacting me about this issue may
not have been to obtain impartial advice on an open-government issue,
but rather to use part of our conversation to justify your office's
decision that the documents should be released," Gleason wrote.

The Florida Bar also raised concerns about whether the letters should
be released, saying in a memo last week that they "are not normally to
be revealed" and that prosecutors should first ask a court to decide.

When releasing the letters on Friday in response to a newspaper's
request, prosecutors said they consulted with public records experts
from the Attorney General's Office and the Florida Bar because they
were concerned that release of the information would raise questions.

Selvig's response to Gleason Wednesday said they both agree that no
legal exemption applies to keep the records private. He quoted the
state's public records guide, which states that "an agency receiving a
public records (request) cannot ask a court to intervene."

He said prosecutors had not intended to use the discussion with the
Attorney General's Office as justification for releasing the letters
to the South Florida Sun-Sentinel. Instead it was to confirm "the
conclusion we had already tentatively reached, which is that there is
no statutory exemption which would permit us to refuse to disclose the
letters."

Those letters show that prosecutors rejected a deal Limbaugh attorney
Roy Black suggested that would have let Limbaugh enter a drug
intervention program rather than face charges of illegally obtaining
prescription painkillers.

Instead, Palm Beach County prosecutors wanted Limbaugh to plead guilty
to the third-degree felony of "doctor shopping" - visiting several
doctors to receive duplicate prescriptions. The prosecutors' offer
included three years' probation, participation in a drug treatment
program and random drug testing.

Though Limbaugh has been under investigation for months, he has not
been arrested and no charges have been filed.